Common use of Impositions and Other Charges Clause in Contracts

Impositions and Other Charges. Each Borrower shall pay all Impositions, now or hereafter levied or assessed or imposed against its Individual Property or any part thereof, subject to Lender's obligation to disburse funds from the Basic Carrying Costs Sub-Account pursuant to Section 2.7.7(b) and shall pay all water, sewer, maintenance and other charges now or hereafter levied or assessed or imposed against such Individual Property or any part thereof (the "Other Charges") as same become due and payable. No Borrower shall suffer, and each Borrower shall promptly cause to be paid and discharged, any Lien whatsoever which may be or become a lien or charge against Individual Property other than Permitted Encumbrances, and shall promptly pay for all utility services provided to its Individual Property. Each Borrower shall furnish to Lender or its designee upon request, receipts for the payment, or other evidence reasonably satisfactory to Lender of payment, of such Impositions, Other Charges and said utility services prior to the date the same shall become delinquent, except with respect to amounts that Lender is obligated to disburse pursuant to Section 2.7.7(b). After prior written notice to Lender, a Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Impositions or Other Charges, provided that (i) no Event of Default has occurred and is continuing, (ii) such proceeding shall suspend the collection of the Impositions or Other Charges from the applicable Individual Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which such Borrower or the related Individual Property is subject and shall not constitute a default thereunder, and (iv) such Borrower shall have furnished such security as may be required in the proceeding, or as may be reasonably requested by Lender, to insure the payment of any such Impositions or Other Charges, together with all interest and penalties thereon.

Appears in 2 contracts

Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)

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Impositions and Other Charges. Each Borrower shall pay all Impositions, now or hereafter levied or assessed or imposed against its Individual Property or any part thereof, subject to Lender's obligation to disburse funds from the Basic Carrying Costs Sub-Account pursuant to Section 2.7.7(b2.6.7(b) and shall pay all water, sewer, maintenance and other charges now or hereafter levied or assessed or imposed against such Individual the Property or any part thereof (the "Other Charges") as same become due and payable. No Borrower shall not suffer, and each Borrower shall promptly cause to be paid and discharged, any Lien whatsoever which may be or become a lien or charge against Individual the Property other than Permitted Encumbrances, and shall promptly pay for all utility services provided to its Individual Property. Each Borrower shall furnish to Lender or its designee upon request, receipts for the payment, or other evidence reasonably satisfactory to Lender of payment, of such Impositions, Other Charges and said utility services prior to the date the same shall become delinquent, except with respect to amounts that Lender is obligated to disburse pursuant to Section 2.7.7(b2.6.7(b). After prior written notice to Lender, a Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Impositions or Other Charges, provided that (i) no Event of Default has occurred and is continuing, (ii) such proceeding shall suspend the collection of the Impositions or Other Charges from the applicable Individual Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which such Borrower or the related Individual Property is subject and shall not constitute a default thereunder, and (iv) such Borrower shall have furnished such security as may be required in the proceeding, or as may be reasonably requested by Lender, to insure the payment of any such Impositions or Other Charges, together with all interest and penalties thereon.

Appears in 1 contract

Samples: Loan Agreement (Servico Market Center Inc)

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Impositions and Other Charges. Each Borrower shall pay all Impositions, now or hereafter levied or assessed or imposed against its Individual Property or any part thereof, subject to Lender's obligation to disburse funds from the Basic Carrying Costs Sub-Account pursuant to Section 2.7.7(b) and shall pay all water, sewer, maintenance and other charges now or hereafter levied or assessed or imposed against such Individual the Property or any part thereof (the "Other Charges") as same become due and payable. No Borrower shall not suffer, and each Borrower shall promptly cause to be paid and discharged, any Lien whatsoever which may be or become a lien or charge against Individual the Property other than Permitted Encumbrances, and shall promptly pay for all utility services provided to its Individual Property. Each Borrower shall furnish to Lender or its designee upon request, receipts for the payment, or other evidence reasonably satisfactory to Lender of payment, of such Impositions, Other Charges and said utility services prior to the date the same shall become delinquent, except with respect to amounts that Lender is obligated to disburse pursuant to Section 2.7.7(b). After prior written notice to Lender, a Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Impositions or Other Charges, provided that (i) no Event of Default has occurred and is continuing, (ii) such proceeding shall suspend the collection of the Impositions or Other Charges from the applicable Individual Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which such Borrower or the related Individual Property is subject and shall not constitute a default thereunder, and (iv) such Borrower shall have furnished such security as may be required in the proceeding, or as may be reasonably requested by Lender, to insure the payment of any such Impositions or Other Charges, together with all interest and penalties thereon.

Appears in 1 contract

Samples: Loan Agreement (Servico Market Center Inc)

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